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L. Kenneth Chotiner
Avvo
Pro

L. Chotiner’s Legal Cases

26 total

  • DUI- Police Failure to Play by the Rules

    Practice Area:
    DUI & DWI
    Date:
    Oct 15, 2010
    Outcome:
    Breathalyzer results suppressed.
    Description:
    Client was driving down Broad Street and was stopped and arrested for driving under the influence. According to the results of the breathalyzer test, he was over the legal limit. However, when I demanded to see the calibration tests for the breathalyzer machine, I found out the machine failed the test.
  • False Arrest/Excessive Force- Broken Teeth and Facial Scars

    Practice Area:
    Civil Rights
    Date:
    Mar 31, 2011
    Outcome:
    Settlement $135,000.00
    Description:
    Client was the unwilling passenger of a car that was fleeing police. The car did not stop until after the driver crashed into a police cruiser. Police pulled my client, the passenger, through the passenger side window, found him guilty by association, and exacted punishment. My client lost three front teethe, had a black eye, and suffered various other injuries including a boot shaped bruise on the small of his back from where an officer stomped on him. After police were done beating my client, they dragged him by his feet 100 yards and threw him in the back of a paddy wagon. To cover up the beating, police charged my client with resisting arrest and aggravated assault on a police officer. Despite the fact that the police withheld evidence, S. Phillip Steinberg, Esq., beat the charges. Then I filed the civil suit. Through the civil suit, I discovered the missing evidence that proved the police were lying. Faced with irrefutable proof, the City settled.
  • Insurance Bad Faith

    Practice Area:
    Litigation
    Date:
    Mar 28, 2008
    Outcome:
    Settled $75,000.00
    Description:
    Mr. Thomas rented a car from Enterprise and purchased the supplemental insurance. The car was stolen. Mr. Thomas reported the theft and Enterprise originally told him not to worry, the insurance would cover the loss. Three days later, the car was recovered. It had been totaled in an accident. Enterprise then changed its mind and said the insurance did not cover theft related damage and demanded Mr. Thomas pay for the car. After Mr. Thomas refused to pay for the car, Enterprise sent the bill to a collection agency. The collection agency then sent the case to an attorney. The attorney carelessly filed suit alleging that my client was driving the car. Mr. Thomas ignored the suit until the attorney seized $10,000 dollars from Mr. Thomas' bank account. Mr. Thomas finally came to me. Rather than try and fight the case, I sued Enterprise for breach of contract and violations of the consumer protection law because Enterprise claimed Mr. Thomas was driving in the lawsuit. And, if Mr. Thomas was driving, then the insurance he purchased should have covered the loss.
  • Excessive Force- Back Injury

    Practice Area:
    Civil Rights
    Date:
    May 20, 2011
    Outcome:
    Settlement $130,000.00
    Description:
    Mr. Lewis was inside his home when police arrived in response to a radio call for a person screaming. Once inside, police saw Mrs. Lewis who was holding a knife. She said "I stabbed the mother-f***." The "mother-f***" was Mr. Lewis, who was sitting on the couch with a stab wound. Even though Mr. Lewis was the victim, police treated him like the suspect and beat him up. After handling the criminal charges police filed to cover up their actions, I filed the civil suit.
  • Civil Rights Case (Confidential Settlement)

    Practice Area:
    Civil Rights
    Outcome:
    Case Settled $25,000.00
    Description:
    The details of this case including the names of the parties are subject to a confidentiality agreement. Although I do not like to settle cases with confidentiality agreements, sometimes they are necessary to ensure a favorable outcome for my clients.
  • Motor Vehicle Accident- Broken Hip.

    Practice Area:
    Personal Injury
    Date:
    Dec 12, 2011
    Outcome:
    $110,000.00
    Description:
    Client suffered a broken hip as the result of an auto accident. Defendant did not want to pay claiming it was not his fault. After I filed suit and took discovery, the case settled. Unfortunately, there was not more insurance.
  • Excessive Force Thumb Injury

    Practice Area:
    Civil Rights
    Date:
    Jan 04, 2012
    Outcome:
    $10,000.00 Judgment
    Description:
    Police were called to my clients house by a neighbor reporting a disturbance. My client did not want to leave her house. Police tried to pull her out the door. She held on. Police smashed the door on her thumb causing injury.
  • Excessive Force- Broken Arm

    Practice Area:
    Civil Rights
    Date:
    May 24, 2012
    Outcome:
    $240,000 Settlement
    Description:
    Client was in a verbal altercation with a neighbor. She went back to her apartment. Police arrived and asked her to step outside. Client refused. Police kicked door in knocking Client into the wall. Then they attempted to pull her arms behind her back. They pulled so hard, they shattered one of the bones in her arm.
  • DUI- Motion to Suppress Granted

    Practice Area:
    DUI & DWI
    Date:
    Oct 14, 2011
    Outcome:
    Charges Withdrawn
    Description:
    Police claim they stopped my client for a seat belt violation. Based upon my cross examination the judge did not believe the police and granted the Motion to Suppress. The Commonwealth withdrew the charges.
  • DUI- Case Dismissed Violation of Speedy Trial Rights

    Practice Area:
    DUI & DWI
    Date:
    Jun 08, 2012
    Outcome:
    Case Dismissed.
    Description:
    My client was stopped because he made a U-turn. Arresting officer claimed he noticed the usual signs of intoxication. The officer who gave my client the breath test made no such observations. Because the breath machine failed an inspection test, the government could not use the results. At the first court date, the District Attorney requested a continuance because she wanted to subpoena the testing officer. At the next listing, they were beyond the time limit. The judge found the government was not duly diligent because the other officer was not needed and the DA's hopes that his memory would be different then his paperwork was not an acceptable excuse.